LAW 231 Quiz 1

Administrative agencies create their own enabling legislation.​

False

Administrative law is a source of American law that consists of statutes.

False

Once an agency has been created, it cannot be abolished.

False

State courts are superior to federal courts.​

False

Statutory law does not include county ordinances.​

False

The United States Supreme Court does not have original jurisdiction in any case.​

False

The party against whom a lawsuit is brought is the plaintiff or petitioner.​

False

There is one uniform set of rules of procedure for all courts.​

False

Under what is known as the exhaustion doctrine, an agency must exhaustively regulate every aspect of every activity subject to its rule.​

False

An appellate court can reverse the decision of a trial court that erred.​

True

Before a lawsuit begins, the court must have proof that the defendant was notified of the lawsuit.​

True

Discovery is the process of obtaining information from an opposing party before trial.​

True

Federal regulations take precedence over conflicting state regulations.​

True

In many cases, a court can exercise jurisdiction over an out-of-state defendant who has done business in the state only over the Internet .

True

Law consists of enforceable rules governing relationships among individuals and between individuals and their society.​

True

Remedies in equity include specific performance.

True

Rulemaking—the formulation of new administrative regulations—is a major function of administrative agencies.​

True

The role of the courts is to interpret and apply the laws.​

True

There were no precedents in the case of Obergefell v. Hodges upon which the court could base its decision. In such circumstances, the court can consider, among other things, a. public policy or social values. b. none of the choices. c. what the court officers think. d. the opinions of the friends and relatives of the judge.

a. public policy or social values.

The Maine state legislature passes a law to regulate local delivery services. The final authority regarding the constitutionality of this law is​ a. ​the judicial system. b. ​the U.S. Congress. c. ​the governor of Maine. d. ​the president of the United States.

a. ​the judicial system.

Dirt Machines Inc. files a suit in a state court against Earth Movers Inc., claiming that the defendant leased and failed to return a bulldozer. The case proceeds to trial, after which the court enters a judgment. If Earth Movers appeals to, and files a brief with, a state appellate court, the appeal must be based on a. a question of fact. b. a question of law. c. an evidentiary ruling. d. a reasonable doubt.

b. a question of law.

Tim is a witness in a controversy involving the U.S. Bureau of Tobacco and Firearms. Tim can be compelled to appear before an administrative law judge if he is served with​ a. ​a search warrant. b. ​a subpoena. c. ​an order for specific performance. d. ​an executive order.

b. ​a subpoena.

McHenry, a New York resident, files a suit in a New York state court against OneWorld Inc., a company based in California. OneWorld's only contact with McHenry is the company's app, which McHenry downloaded while traveling across the United States. According to the sliding-scale analysis, the factor most likely to confer jurisdiction on the New York court is ​the geographical distance between McHenry and OneWorld. b. ​OneWorld's location when the app was created. c. ​the degree of interactivity via the app between McHenry and OneWorld. d. ​McHenry's location when the app was downloaded.

c. ​the degree of interactivity via the app between McHenry and OneWorld.

Peyton files a suit in a state court against Gas Station Stop, claiming employment discrimination. Gas Station loses the suit and appeals. After the state's highest court's review of Peyton v. Gas Station Stop, either party can appeal the decision to the United States Supreme Court if a question of state law remains unresolved. b. the party is unsatisfied with the result. c. the state trial and appellate court rulings are different. d. a federal question is involved.

d. a federal question is involved.

Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint. The complaint should include a statement alleging the facts establishing a. a motion to dismiss. b. all possible defenses. c. that the defendant did what the plaintiff claims. d. the court's jurisdiction and basis for relief.

d. the court's jurisdiction and basis for relief.